Consideration of Bill, as amended in the Public Bill Committee
	On Lords amendments 40A to 40E, and 42A to 42C, I am sure everyone will agree that there is an urgent imperative for the trust special administrator’s regime to be clear, workable and effective, and I commend the scrutiny undertaken by this House and the other place of clause 118. It has led to sensible, further improvements in the way in which the regime will operate. In particular I thank my right hon. Friend the Member for Sutton and Cheam for raising on Report the issue of commissioner parity.
	The Government agree that all affected commissioners and the essential NHS services they commission must be placed on an equal footing during the TSA regime. For that reason we tabled these amendments in the other place, which would ensure that recommendations by an administrator at a foundation trust that affect other trusts do not harm their essential NHS services. We are pleased that the amendments were accepted in the other place, and that they were so warmly welcomed outside Parliament.
	The legislation already requires the trust special administrator to obtain from each commissioner of a foundation trust in administration their agreement that the administrator’s recommendations achieve his or her legal objective to secure the continuation of essential services of the failing trust. Clause 118 would extend that to each affected commissioner of other trusts.
	The Lords amendments will require any commissioner of affected services provided by another trust to agree that the recommendations will achieve that legal objective and do so, critically, without harming essential services at the other affected trust. Therefore, essential NHS services will be equally protected under the regime irrespective of where they are provided.
	As now, in default of all local commissioners agreeing, the TSA must seek agreement from NHS England. Under our amendments, its decision would, additionally, be based on whether the recommendations harmed essential NHS services at other affected trusts, taking into account the views of all the commissioners.

Paul Burstow: My hon. Friend is setting out the important changes that have been made in the Lords on the trust special administration process. He might consider giving further emphasis to the point that Earl Howe made in relation to all the steps that would be taken prior to the consideration of a trust special administration process being put in place, not least the intervention powers of Monitor and others.

Norman Lamb: Given that time is tight, I simply confirm that I strongly support what Earl Howe said in the other place, and reinforce the points that my right hon. Friend has made.
	For NHS trusts, clause 118 already requires the Secretary of State to produce guidance on seeking commissioner support and involving NHS England, and we will ensure that the key principles of parity between affected commissioners and the essential services they commission are captured in the guidance. I urge the House to support the Lords’ amendments.
	(d) in relation to a sale by retail that is a permitted sale by virtue of Part 5A—
	(i) the person who gave the Part 5A notice, or
	(ii) any individual aged 18 or over who is authorised for the purposes of this section by that person.”
	(10) In section 159 of that Act (interpretation of Part 7), at the end of the definition of “relevant premises” insert “, or
	(a) except in sections 145 and 152, premises that (by reason of being specified in a Part 5A notice) are premises on which a sale by retail of alcohol is capable of being a permitted sale by virtue of Part 5A;”.
	(11) In section 194 of that Act (index of defined expressions) insert the following entries at the appropriate places—
	
		
			 “Part 5A notice section 110A(2)” 
			 “relevant licensing authority, in Part 5A section 110N” 
			 “relevant person, in Part 5A section 110D(11)”. 
		
	
	(12) In section 197 of that Act (regulations and orders)—
	(a) in subsection (3) (which lists exceptions to the use of the negative procedure), after paragraph (c) insert—
	“(cza) regulations under section 110B(2), (3) or (7) or 110C(2), (3), (5) or (6) (regulations relating to sales of alcohol permitted by virtue of Part 5A),”;
	(b) in subsection (4) (which specifies when the affirmative procedure is required)—
	(i) after “or (g)” insert “or regulations within subsection (3)(cza)”;
	(ii) after “the order” insert “or regulations”.’. —(Norman Baker.)
	This amendment, together with amendment NS1, inserts new Part 5A into the Licensing Act 2003 (with consequential provision to other Parts of that Act) to introduce a new procedure for authorising the sale of alcohol where the sale is ancillary to a community event or to the provision of other goods or services by a business.
	Brought up, and read the First time.